000			01879cab a22002295a 4500
001			L139813
008			070810e20070719xxk f w 000 0 eng d
035			_a(Sirsi) u139813
041	0		_aeng
245	0	0	_aAvis V Turner and another _h[electronic resource]
260			_c2007
520			_a[2007] EWCA Civ 748, 20 June 2007. The appellant (V) appealed against an order for sale of the former matrimonial home for which the first respondent trustee in bankruptcy (T) had applied on behalf of her former husband, the second respondent (E). V and E had agreed to vary the contracts of trusts on which they had previously held the home, so that V would receive two thirds value of the sale, and E one third. V was to have exclusive occupation rights within the property until the sale. T applied for an order of sale, which V and E opposed. The judge held that V's rights were qualified and would not be violated by the sale order. The issue was whether it was for the court to make the order for sale. "Held": (1) Without some force going beyond the wishes of the parties, arguments based on the Insolvency Act 1986 should be discounted. (2) Directing V and E to sell the house was not inconsistent with the Trust of Land and Appointees in Trust Act. The judge was right to hold that E's rights by order could be overridden by a court?s order for sale. Appeal dismissed.
590			_aKA
650	2	4	_aAVIS V TURNER AND ANOTHER
650	2	4	_aTRUSTS OF LAND AND APPOINTMENTS OF TRUSTEES ACT 1996
650	2	4	_aINSOLVENCY ACT 1986
650	2	4	_aTRUSTS OF LAND AND APPOINTMENTS OF TRUSTEES ACT 1996 S14
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-RESIDENTIAL PROPERTY-ACQUISITION AND DISPOSAL OF RESIDENTIAL PROPERTY
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2007/748.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79095 _d79095